RAMA NAND MANDAL @ RAVAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has challenged order of detention dated 22.08.2012 passed by District Magistrate / Detaining Authority, Monghyar in accordance with Section 12(2) of Bihar Control of Crimes Act (for brevity act) as well as its approval in terms of Section 12(3) of the Act at the level of State dated 29.08.2012 and order dated 03.10.2012 at the level of the State confirming the order of detention in terms of Section 21(1), 22 of the Act.

(2.) During course of continuance of petitioner being under custody in connection with Bariyarpur P.S. Case No.118 of 2011, the Sponsoring Authority (S.P., Munger) placed relevant information before the Detaining Authority on account of which after initiation of case no.2/12-13 an objection was invited which was served upon petitioner through Jail Superintendent and after having the objection at the end of petitioner and further taking into account the contents thereof in consonance with the chequered criminal history as well as having previously detained for a period of 25.09.2010 to 24.09.2011 in connection with case no.3/10-11 and on being released subsequently indulgence in murder on 06.12.2012 on account of which Bariyarpur P.S. Case No.118 of 2011 was instituted and further coming to know about that petitioner is taking sincere effort to be bailed out and along with consideration of surrounding circumstances coupled with the fact that release of the petitioner will be at the cost of public order as well as will also indulge in nefarious activities after being released on bail and on being subjectily satisfied passed an order of Preventive Detention on 22.08.2012 which was properly served upon the petitioner. The aforesaid preventive detention order was approved at the level of the State vide order dated 29.08.2012 which was also communicated. Petitioner was given liberty to file representation if he so desires. During midst thereof on 04-09-2012 the matter was placed before Advisory Board. Subsequently thereof petitioner's representation was received on 11- 09-2012 over which comment was sought for from the District Magistrate, Munger which was also received by the concerned Department on 17-09-2012. On 20-09-2012 the Advisory Board convening its meeting wherein representation of the petitioner was also placed and after considering the materials, the Advisory Board opined presence of sufficient material for confirmation whereupon initial order of detention dated 22.08.2012 was confirmed on 03.10.2012. During midst thereof, it is also evident that representation of the petitioner was considered and rejected on 25.09.2012 which too was served.

(3.) It has been contended on behalf of petitioner that the initial detention order passed by the District Magistrate, Munger dated 22.08.2012 clearly shows non-application of mind because of the fact that the same lacks with the factual aspect i.e. in which case petitioner happens to be under custody and whether any steps was taken by the petition for getting bail. It has further been submitted that there happens to be inordinate delay in consideration of representation filed on behalf of petitioner without cogent and reasonable explanation. It has also been submitted that petitioner had already been acquitted vide judgment dated 22.09.2012 in Bariyarpur P.S. Case No.118 of 2011. So the sole ground used as basis of satisfaction no more exists. As such, petitioner has been illegally detained at the hands of respondents. Therefore, the successive orders are fit to be set aside.